Documentos de Académico
Documentos de Profesional
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International
Labour
Office
Geneva
Module 1
The ILO's Strategic Approach to
Occupational Safety and Health
ISBN 978-92-2-126177-3
www.ilo.org/employment
9 789221 269588
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ILO Training Package on Development of a National Programme of Occupational Safety and Health
ISBN: 978-92-2-126958-8 (print)
978-92-2-126959-5 (web pdf)
978-92-2-126960-1 (CD-ROM)
13.04.2
______________________________________________________________________________________________
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Design and printing by the International Training Centre of the ILO, Turin Italy
1
Module
Objectives
The aim of this module is to enable trainees to understand the ILOs strategic
approach to national OSH development. At the end of the module the trainee
will be able to:
QQ describe the ILOs key instruments and guidelines and the main concepts
regarding national OSH governance;
QQ explain the benefits of developing a framework approach to dealing with
OSH, as well as its advantages in comparison to the traditional approach;
QQ motivate the need for adoption of a National OSH Policy, as well as its
purpose and content;
QQ identify the steps for the development of a National OSH Programme;
QQ describe the roles of the main stakeholders in national OSH development.
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ILO Training Package on Development of a National Programme of Occupational Safety and Health
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Table of contents
1. INTRODUCTION TO THE ILOS STRATEGIC APPROACH ....................................... 1
1.1. ILOs strategic approach to OSH and its concepts............................. 4
1.2. How are the different concepts related?........................................... 5
2. ILO STANDARDS AND GUIDELINES FOR OSH..................................................... 7
2.1. ILO conventions and recommendations ........................................... 7
2.2. ILO instruments on guiding policies for action in OSH ..................... 9
3. WHY A PROMOTIONAL FRAMEWORK ON OSH................................................... 12
3.1. A national preventive safety and health culture.............................. 12
3.2. The management systems approach ............................................. 13
3.3 Advantages of the ILOs strategic approach.................................... 14
4. NATIONAL OSH POLICY .................................................................................. 17
4.1 The elements of the National OSH Policy....................................... 18
5. PROCESS FOR THE DEVELOPMENT OF A NATIONAL OSH PROGRAMME............ 23
6. THE ROLE OF THE MAIN STAKEHOLDERS........................................................ 26
6.1 The role of governments .............................................................. 26
6.2 The role of social partners............................................................ 28
BIBLIOGRAPHY AND REFERENCES ..................................................................... 30
Annex 1
The International Labour Organization.................................................................... 32
Annex 2
Convention 155 and Recommendation 164 of Occupational Safety and Health, 1981..... 34
Annex 3
Convention 187 and Recommendation 197 on Promotional Framework
for Occupational Safety and Health ....................................................................... 49
Annex 4
Instruments of the International Labour Organization relevant to the promotional
framework for occupational safety and health ......................................................... 59
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1. Introduction to
the ILOs strategic
approach
ILO estimates the worldwide fatality level of work-related injuries and diseases at
about 2 million annually. The overall annual toll of occupational fatal and nonfatal accidents is estimated at 270 million, and some 160 million workers suffer
from work-related diseases.
At national level, even if the data are not very accurate, it is clear that in many
countries the problem requires more decisive action from the public authorities.
From a historical perspective, countries have been making decisions with a view
to addressing this problem through different political interventions. In general,
adoption of the decisions has been influenced by the emerging social and public
concerns at national level and, especially in recent years, by the international and
supranational bodies.
Over many years (and unfortunately this is still the case in some countries),
societies have interpreted occupational deaths, injuries and diseases as part of
industrial progress, in consequence devoting very little attention to the prevention
of occupational deaths, injuries and diseases. However, following occupational
accidents and diseases, injured workers and their families were in a situation of
need for which the public authorities were obliged to provide compensation. Some
common law doctrines1 provided employers with a defence that gave the injured
worker little chance of receiving compensation: namely, the employer was not
liable for injury to an employee
QQ which resulted from the negligence of a fellow employee (fellow servant rule);
QQ if the employee was injured due to his own negligence (contributory negligence);
QQ given that the employee took the job with full knowledge of the risks and
hazards involved (assumption of risk).
The State promulgated workers compensation laws making employers financially
liable for damages whenever a worker was injured. Public and private insurance
company schemes financed from employers contributions were created to
provide compensation and cover medical costs. However, the insurance and
compensation covering occupational accidents and diseases did not create an
incentive for preventing such occurrences, and further action was required from
public authorities.
1
Accident prevention manual for business and industry, 10th edition, National Safety Council, 1992.
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Occupational accidents and diseases take place in the workplace, and it is there
that these occurrences should be prevented. However most enterprises failed to take
voluntary action for different reasons: lack of awareness, lack of knowledge, lack of
incentives, and so forth. On the other hand, positive experience has progressively
shown that any hazard can be overcome by preventive and protective measures, and
consequently public authorities have started developing OSH regulations with the
aim of preventing occupational accidents. These regulations have created a system
of rights and duties for workers and employers, placing the main responsibility
on the employer. These regulations were mainly focused on identifying the most
prevalent hazards and on prescribing protective measures (personal protective
equipment in many cases) that the employer should implement. These regulations
initially focused predominantly on safety hazards in the manufacturing sector and
have been progressively extended to other types of hazard, and moreover extended
to all workers irrespective of the sector of activity. However, there are still many
countries with a restrictive attitude both to the hazards and to the workers covered
by the OSH regulations.
A system of inspection for monitoring, advising on and enforcing the implementation
of OSH regulations was necessary. Countries have created factory or labour
inspectorates with special supervisory and injunction powers, and with the help
of a sanctions system). This traditional regulation-inspection-sanction approach is
quite common in many countries for addressing general OSH and labour issues.
These functions are necessary and a prerequisite for progress in OSH. However,
experience in different countries also made clear that this approach is not enough
to provide the necessary incentives and resources needed to resolve the problems
associated with prevention of occupational accidents and diseases.
Workers unions in many countries sought to play a role in OSH management at
enterprise level. Although OSH management is a responsibility of the employer,
workers are the main user of the OSH conditions in the enterprise, and are
entitled to know, participate in and be consulted on decisions made with regard
to these OSH conditions. In many countries public authorities have created a
legal obligation for enterprises to develop systems of workers participation in OSH,
mainly through joint OSH committees in large and medium-size enterprises and
through OSH union delegates in small-scale enterprises. OSH management at
enterprise level can be stimulated by workers representation systems in different
ways:
QQ they can collaborate in identifying hazards and in making proposals for control
measures (which it is especially important in small enterprises);
QQ they can also collaborate in facilitating the understanding of the workers and
securing their collaboration; and
QQ they can also be the first front line (and the main interested party) in identifying
and voluntarily reporting non-compliance with OSH regulations.
In many countries the main reason for poor compliance with OSH regulations is
lack of information and knowledge. Frequently OSH regulations do not provide
enough information for enterprises, employers and workers on how to address the
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whole range of OSH problems: regulations say what but not how. Public authorities
have come to realize that the provision of information, awareness-raising activities,
and technical assistance are also necessary prerequisites and have addressed these
shortages with a range of complementary strategies: developing national OSH
institutes to provide information, stimulating partners in this function, increasing
the advisory role of the inspectors, and others.
However, these strategies are not enough to cover all the daily needs for knowledge
and know-how in all enterprises. This is why in some countries public authorities
have created a legal obligation for enterprises (according to the number of workers
and level of risks) to hire the permanent or short-term services of persons with
specialized expertise in OSH, to support enterprises in their OSH duties. Public
authorities also created a system of training and accreditation to guarantee the
quality of these specialists in OSH.
It is evident that performing some of the functions indicated above (inspectors, OSH
specialists, OSH workers representatives, workers, etc.) may require specialized
skills and know-how. This may require a range of training provision. To ensure
enough capacity in the country, public authorities can build up the capacity of
public institutions or stimulate the private sector to provide the required training
in terms of quality and numbers in accordance with the need of the country.
In addition to the traditional means of ensuring good OSH conditions, some
public authorities are increasingly developing new initiatives, programmes and
incentives for enterprises to promote voluntary action in the enterprises. These
initiatives include implementation of voluntary OSH management systems,
economic incentives schemes (reduction of insurance premiums for a reduced
level of occupational accidents and diseases), recognition schemes and prizes,
and so on.
There are also some initiatives at strategic level that public authorities can adopt
to prevent accidents and diseases, such as prohibition systems (prohibition of use
and commercialization of particularly dangerous substances and processes) or
certification systems (certification of the safety and health of certain machinery or
processes periodically or prior to their use).
Public authorities realized that, in order to make adequate decisions on which
sectors or hazards should be targeted for national regulations and action, it is
necessary to obtain feedback on what is happening in the country on OSH. This
means having in place a system for gathering and analyzing information, and for
research. A system of recording and notification of occupational accidents and
diseases should be in place. Research capacity is also necessary to identify emerging
hazardous substances and processes, as well as new preventive techniques for
addressing them, the associated health risks, and so forth.
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Global strategy on Occupational Safety and Health. Conclusions adopted by the International Labour Conference at
his 91st Session, 2003.
Convention 187 on Promotional Framework for Occupational Safety and Health
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National OSH Programme: this is the national programme that includes priorities,
objectives and targets for improving occupational safety and health within a
predetermined timeframe, and indicators to assess progress4.
The concepts mentioned are used in the ILO international labour standards and
associated literature. However, there are other ways of formulating or defining
the same or similar concepts in different countries. For example, some countries
denote the National OSH Programme as Strategy, Strategic plan, or Plan of
action.
Ibidem.
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The National OSH Programme takes into account the analysis, conclusions and
the results of the Profile to determine priorities for action (particularly relevant
areas) and the goals to be reached within an agreed timeframe. The associated
activities and actions to achieve the goals should then be formulated, including the
expected results, resources, responsibilities and timeframes. After the Programme
has been approved, the effectiveness of its implementation should be monitored
and evaluated.
The Review should identify the impact of the Programme in terms of achievement
of the goals, in terms both of reduction of occupational accidents and diseases and
of strengthening the National OSH System. However, it also provides important
feedback on the adequacy of the priorities and goals, the effectiveness and
efficiency of the designed interventions, the resources allocated, and so forth,
which are all very relevant to continuous improvement during the subsequent
cycle.
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The texts of ILO Conventions are available online in Arabic, Chinese, English, French, German, Russian, Portuguese
and Spanish at http://www.ilo.org/ilolex/english/convdisp1.htm
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7
http://www.ilo.org/safework/normative/conventions/lang--en/index.htm
ILO Codes of Practice: http://www.ilo.org/safework/normative/codes/lang--en/index.htm
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For the full text of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No.187) see
Annex II.
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The national systems and programmes shall be developed taking into account the
principles set out in relevant ILO instruments12. This Convention (No. 187) and
its Recommendation (No. 197) were the first to apply a new integrated approach to
ILO standards-related activities so as to increase their coherence, relevance and
impact. This approach is focused on the development and adoption of methods
and tools rather than on the elaboration of details and defined prescriptions.
In essence, this approach aims at developing a consensus among the tripartite
constituents of the ILO on a plan of action on OSH. These instruments provide
flexibility because the approach could suit all countries, regardless of
QQ
QQ
QQ
QQ
their
their
their
their
12
13
A list of relevant instruments is contained in the Annex to the Promotional Framework for Occupational Safety and
Health Recommendation, 2006 (No. 197).
See Annex III for the list of the main Conventions and Recommendation related to occupational safety and health.
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3. Why a promotional
framework on OSH
The International Labour Conference (ILC) at its 91st Session (2003) held a
general discussion on an integrated approach to OSH management, resulting in
the adoption of the Global Strategy on Occupational Safety and Health14.
The Strategy highlights National OSH Programmes as the means of placing
OSH high on national agendas and as a framework for a systematic approach to
continuous improvements in OSH performance and National OSH Systems. This
strategy also highlights the importance of engaging stakeholders; planning and
implementation can be effective only if an integrated approach is taken, with due
involvement of all the various interested parties.
The fundamental pillars of a global OSH strategy are:
QQ the building-up and maintenance of a national preventive safety and health
culture;
QQ the introduction of a systems approach to OSH management at national level.
These concepts, originally applied successfully at enterprise level, have been
adopted as guidelines on how to handle OSH at national level and are reflected in
the increasing number of formally-adopted national OSH programmes.
14
15
12
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ILO has advocated a more generalized application of this notion away from an
enterprise context towards society at large16. The concept used for this application
at national level is termed national preventative safety and health culture.
16
17
18
For instance, the theme of the World Day for Safety and Health at Work in April 2003 was Safety Culture at Work.
Promotional framework for occupational safety and health, Report IV (1) the International Labour Conference, 95th
Session, 2006.
ILO Guidelines on occupational safety and health management systems (ILO OSH 2001), ILO Geneva, 2001.
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Based on the above, the main steps in developing such a management system
approach at national level include the following:
QQ First, national OSH policy should be formulated in consultation with
representative organizations of employers and workers, as laid down in the
Occupational Safety and Health Convention, 1981 (No. 155).
QQ Second, a national OSH system should be developed which sets out the
infrastructure for implementing the policy.
QQ Third, a national OSH programme should be developed, based on an analysis
of the OSH situation and OSH system, which preferably should be summarized
as a national OSH profile and implemented over a specific period of time.
QQ Fourth, following its implementation the OSH programme should be evaluated
and reviewed to measure its outcomes and impact.
QQ Fifth and finally, based on the outcomes and the identified OSH situation,
corrective actions and a new OSH programme should be adopted.
National level
Programmes.
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being useful primarily to the extent that they are functional in achieving the
goals.
QQ A re-thinking of the efficiency and effectiveness of the way in which institutions
operate. Further to the above, it is important to have feedback on how successfully
an institution operates. It is necessary to know whether, through the activities
that it performs, it achieves its goals or not, and whether it needs to modify
its activities in consequence. The evaluation and review mechanisms of the
management system approach will allow the making of informed decisions on
the activities to be performed.
QQ Facilitation of measurement of progress and success. It is difficult to know
whether we are going in the right direction without measuring the success of
our initiatives. The National OSH Profile, drawn up with a view to formulating
a National OSH Programme, also has the aim of being a reference so as to be
able to measure progress in the improvement of the OSH situation and the OSH
system. For example:
16
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See Art.4 of the Occupational Safety and Health Convention, 1981 (No. 155).
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The most important features of the international consensus in respect of the aforementioned items are set out below:
20
18
The policy in the field of health and safety at work is aligned with: the Lisbon Strategy (); with the European
Community Strategy 2007-2012 on Safety and Health at Work () and the International Labour Organization
Global Strategy on Occupational Safety and Health (). Strategy from Safety and Health at Work 2008-2012.
Bulgaria, 2008.
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Art.4 of the Occupational Safety and Health Convention, 1981 (No. 155).
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Principles guiding for action on OSH (at both national and enterprise
levels)
Some of the basic principles on which there is a growing international consensus
and that could be included in the National OSH Policy, such as:
QQ prevention (as the preferred main approach to OSH practices vis--vis cure,
rehabilitation and compensation)
QQ assessing occupational risks or hazards and controlling them at source;
QQ developing a national preventative safety and health culture that includes
information, consultation and training, etc.
QQ tripartite consultation at national level25 and bipartite consultation at enterprise
level.
22
23
24
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Workers covered
OSH should be provided for all workers irrespective of:
QQ size of enterprise or company,
QQ type of employment (salaried worker or self-employed),
QQ economic sector (industry, public sector, services, agriculture and so on).
It should be provided particularly for workers in high-risk sectors and for other
vulnerable workers such as those in the informal economy, along with migrant and
young workers.
The principles and statement of this policy apply to all workplaces in
the country, and people who work in them () El Salvador
OHS legislation must cover workers and employers in all sectors of the
economy and in all forms of employment relationships. South Africa
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workers and others, taking account both of the complementary character of such
responsibilities and of national conditions and practice.
The functions and responsibilities of all parties involved, particularly public
authorities and including mechanisms for coordination and tripartite consultation,
should be clearly defined. The primary onus of OSH provision is on the employer
but other duty-holders such as workers, designers, manufacturers and others need
to be specified.
Governments are responsible for regulating and enforcing workplace
health and safety. Employers must provide safe and healthy workplaces
and safe systems of work; employees must work in as safe a manner
as possible; and suppliers, designers and manufacturers must provide
safe products and accurate information about the safe use of materials
and equipment. Australia
Good working conditions can only be achieved if employers and their
workers pull together. While the employer is ultimately responsible
for working conditions policy, consultation with the workers is still
compulsory. The Netherlands
The Policy should be planned, monitored and periodically reviewed from the
perspective of the OSH situation and its evolution, in consultation with social
partners. There are several examples of National OSH policy statements such as
those of the Netherlands,26 India,27 Brazil,28 El Salvador29 and South Africa.30
26
27
28
29
30
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2.
3.
Preparation of a National OSH Profile. Initial profiling of the OSH provisions that
the country already has in place (an overview of the laws, key organizations,
programmes and partners, including labour inspection services, etc.) and
of the outcomes (statistics on occupational accidents and diseases and the
underlying trends) is a necessary prerequisite for preparing the National
OSH Profile. This should include an evaluation of current strengths and
weaknesses with a view to identifying the main priorities for action.
4.
Situation analysis to identify strong and weak points, and gaps in the countrys
OSH system and framework, using the National OSH Profile. Identification
of gaps will indicate those areas where it will be necessary to intervene;
strong points will indicate elements that could be the basis and support for
improvements.
5.
6.
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need clear objectives, targets and indicators, overall they should also aim
at strengthening the national OSH system so as to ensure sustainability
of improvements and build and maintain a safety culture. National OSH
Programmes should be developed with due regard to ILOs OSH instruments.
In terms of a progressive improvement in national OSH systems, the
target should be effective implementation of the latest Conventions and
Recommendations, as well as of other instruments such as codes of practice
and guidelines adopted in this area (and others that may be developed in
future). Below is an example:
Developing and implementing national OSH programmes in Asia5
Common steps taken to develop programmes
Countries in Asia have taken common, practical steps to develop national OSH
programmes reflecting the views of workers and employers representatives, as
well as those of the government agencies responsible for OSH.
The first step was to organize national tripartite OSH workshops to gather
diverse views on the national OSH situation and discuss priority national
actions.
The second step was to set up tripartite and inter-ministerial taskforces to
prepare the national OSH programme. The taskforce members gathered and
reviewed available OSH information from different sources. The review results
were published as national OSH profiles.
The third step was for the taskforces to analyze the national OSH profiles,
identify the national priority OSH actions and targets, and draft national OSH
programmes. The draft national OSH programmes were circulated to the
ministries concerned and to workers and employers organizations for their
comments prior to finalization. The high-level government officials endorsed
and officially launched the national OSH programmes.
In Vietnam the national OSH programme was endorsed by the Prime Minister
and OSH was noted as a high priority on the national agenda. The exercises
to design national OSH programmes opened up practical opportunities for
different ministries and workers and employers organizations to work together.
They jointly reviewed the national OSH situation and actively exchanged OSH
information and views from different angles.
In Indonesia, the representatives of the National OSH Council and the Ministries
of Manpower, Health, Energy and Natural Resources, and Agriculture, in
consultation with workers and employers representatives, discussed and
drafted the national OSH programme together. The taskforce team comprising
different ministries and agencies confirmed their continuing collaboration in
implementing the programme so as to achieve the national OSH goals.
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Launching of the National OSH Programme with the endorsement of the highest
national authority. The endorsement and launching of a national OSH programme
by the highest government authority, for example by the Head of State, government
or Parliament, places OSH high on national agendas and has a significant impact
on strengthening national OSH capacities and mobilization of national and
international resources. Several national OSH programmes launched in recent years
by Member States have, in fact, been signed or endorsed by Parliament, Deputy
Prime Ministers or other comparably high authorities in national governments.
Implementation of the activities provided for in the National OSH Programme with
adequate mechanisms for monitoring and control.
Undertaking of an evaluation of the results and impact of the National OSH
Programme, reporting the results to the stakeholders and the public.
Establishment of sustainable mechanisms for continuous improvements including
periodic review, updating of data, and eventual designation of new priorities for
action through the establishment of a new National OSH Programme based on an
updated national profile document.
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31
26
Promotional framework for occupational safety and health, Report IV (1) the International Labour Conference, 95th
Session, 2006.
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The provision of the necessary resources for the implementation of the National
OSH Programme is the responsibility of the government. In general, resource
needs are related to the ambitiousness of the National OSH Programme and the
availability of resources in the main OSH-related institutions. In many cases, it
does not involve major allocation of financial resources: most of the activities of
the Programme can be undertaken using the available resources and within the
regular activities of the existing institutions involved in the Programme. Only some
specialized activities (special measures to be implemented, evaluation studies,
etc.) may require additional resources in terms of staff and finance. Basically, the
institutions reallocate existing resources to the priorities identified by the National
OSH Programme.
Although one government ministry may have prime responsibility for OSH, in
practice several ministries often have responsibilities and interests in this area,
since OSH also impinges on their areas of concern. For example, ministries of
labour, health, industry, education all have some OSH concerns and therefore
good inter-ministerial cooperation on relevant topics should be guaranteed. In
some countries, on the other hand, relationships between government institutions
addressing OSH are uneasy; there are frequent disputes over competences and
areas of intervention, different ways of thinking and operating, lack of collaboration,
or even lack of information on the activities.
There are different levels of interaction between government institutions addressing
OSH, from the most basic to the more elaborate:
QQ Information. Institutions inform each other on their initiatives, activities and
workplans.
QQ Communication. The information channel provides for or allows dialogue,
interchange and feedback between institutions.
QQ Cooperation or collaboration. Institutions work together on some activities on an
ad hoc basis, when institutional workplans coincide on some objectives.
QQ Coordination. Institutions work together under a commonly-discussed national
workplan, and institutional workplans are subordinated to the national
programme.
Coordination and alignment of the OSH-related institutions with the national
OSH policy and programme is a prerequisite for good functioning. It may require,
depending on national practice, formal agreements, memoranda of understanding,
public authority committees, or other mechanisms to facilitate inter-ministerial
consultation and coordination in a practical way. An alternative way of creating
unity of action could be creation of a single competent authority on which other
institutions involved in OSH depend hierarchically or functionally.
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Bibliography and
references
Global strategy on Occupational Safety and Health. Conclusions adopted by the
International Labour Conference at his 91st Session, 2003.
http://www.ilo.org/public/english/protection/safework/globstrat_e.pdf
Convention no.155 concerning Occupational Safety and Health and the Working
Environment.International Labour Conference, 67th Session, 1981.
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C155
Recommendation no.164 concerning Occupational Safety and Health and the
Working Environment .International Labour Conference, 67th Session,
1981.
http://www.ilo.org/ilolex/cgi-lex/convde.pl?R164
Convention no.187 concerning the promotional framework for occupational
safety and health. International Labour Conference, 95th Session, 2006.
www.ilo.org/ilolex/cgi-lex/convde.pl?C187
Recommendation no.197 concerning the promotional framework for
occupational safety and health International Labour Conference, 95th
Session, 2006.
http://www.ilo.org/ilolex/cgi-lex/convde.pl?R197
Promotional framework for occupational safety and health, Report IV (1) the
International Labour Conference, 93th Session, 2005.
http://www.ilo.org/public/english/standards/relm/ilc/ilc93/pdf/rep-iv-1.pdf
Encyclopedia of Occupational Health and Safety. 4th Edition, ILO, 1998.
http://www.ilo.org/safework_bookshelf/english/
Accident prevention manual for business and industry, 10th edition, National
Safety Council, 1992.
Comparative analysis of national strategies for safety and health at work, BAUA,
2010.
http://www.baua.de/SharedDocs/Downloads/en/Publications/Expert-Papers/
F2234.pdf?__blob=publicationFile
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Annex 1
The International Labour Organization
The International Labour Organization32 (ILO) is a UN specialized agency whose main
object is to promote the social justice and internationally recognized human and
labour rights.
Founded in 1919, in the wake of a destructive war, to pursue a vision based on the
premise that universal, lasting peace can be established only if it is based upon
decent treatment of working people. The ILO became the first specialized agency
of the United Nations in 1946 and it is the only tripartite agency that brings
together representatives of governments, employers and workers to jointly shape
policies and programmes. ILO accomplishes its work through three main bodies:
The International Labour Conference33 establishes and adopts international labour
standards and is a forum for discussion of key social and labour questions. It also
adopts the Organizations budget and elects the Governing Body.
The Governing Body34 is the Executive body of the ILO, is composed of 56 titular
members (28 Governments, 14 Employers and 14 Workers) and it meets 3 times
a year (March, June, November). Its main functions are:
QQ
QQ
QQ
QQ
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http://www.ilo.org/ilc/ILCSessions/100thSession/lang--en/index.htm
http://www.ilo.org/gb/lang--en/index.htm
http://www.ilo.org/
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In addition to the international Labour Office, there are other 2 institutions of the
ILO:
QQ International Institute for Labour Studies (established in 1960) promotes research,
public debate and knowledge sharing on emerging issues of concern to the ILO
and its constituents - government, employers and workers.
QQ International Training Centre (established in 1964 and located in Turin,
Italy) is the ILO focal point for training and human resource development of
governments, employers organizations, workers organizations and other social
and economic actors.
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Annex 2
Convention 155 and Recommendation
164 of Occupational Safety and Health,
1981
C155 Occupational Safety and Health Convention37
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International
Labour Office, and having met in its Sixty-seventh Session on 3 June 1981, and
Having decided upon the adoption of certain proposals with regard to safety and
health and the working environment, which is the sixth item on the agenda of the
session, and
Having determined that these proposals shall take the form of an international
Convention, adopts this twenty-second day of June of the year one thousand nine
hundred and eighty-one the following Convention, which may be cited as the
Occupational Safety and Health Convention, 1981:
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branches, and shall indicate in subsequent reports any progress towards wider
application.
Article 2
1. This Convention applies to all workers in the branches of economic activity
covered.
2. A Member ratifying this Convention may, after consultation at the earliest
possible stage with the representative organisations of employers and workers
concerned, exclude from its application, in part or in whole, limited categories of
workers in respect of which there are particular difficulties.
3. Each Member which ratifies this Convention shall list, in the first report on the
application of the Convention submitted under Article 22 of the Constitution of
the International Labour Organisation, any limited categories of workers which
may have been excluded in pursuance of paragraph 2 of this Article, giving the
reasons for such exclusion, and shall indicate in subsequent reports any progress
towards wider application.
Article 3
For the purpose of this Convention-(a) the term branches of economic activity covers all branches in which workers are
employed, including the public service;
(b) the term workers covers all employed persons, including public employees;
(c) the term workplace covers all places where workers need to be or to go by reason
of their work and which are under the direct or indirect control of the employer;
(d) the term regulations covers all provisions given force of law by the competent
authority or authorities;
(e) the term health , in relation to work, indicates not merely the absence of
disease or infirmity; it also includes the physical and mental elements affecting
health which are directly related to safety and hygiene at work.
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Article 7
The situation regarding occupational safety and health and the working environment
shall be reviewed at appropriate intervals, either over-all or in respect of particular
areas, with a view to identifying major problems, evolving effective methods for
dealing with them and priorities of action, and evaluating results.
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Article 14
Measures shall be taken with a view to promoting in a manner appropriate to
national conditions and practice, the inclusion of questions of occupational safety
and health and the working environment at all levels of education and training,
including higher technical, medical and professional education, in a manner
meeting the training needs of all workers.
Article 15
1. With a view to ensuring the coherence of the policy referred to in Article
4 of this Convention and of measures for its application, each Member shall,
after consultation at the earliest possible stage with the most representative
organisations of employers and workers, and with other bodies as appropriate,
make arrangements appropriate to national conditions and practice to ensure the
necessary co-ordination between various authorities and bodies called upon to
give effect to Parts II and III of this Convention.
2. Whenever circumstances so require and national conditions and practice permit,
these arrangements shall include the establishment of a central body.
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Article 18
Employers shall be required to provide, where necessary, for measures to deal with
emergencies and accidents, including adequate first-aid arrangements.
Article 19
There shall be arrangements at the level of the undertaking under which-(a) workers, in the course of performing their work, co-operate in the fulfilment by
their employer of the obligations placed upon him;
(b) representatives of workers in the undertaking co-operate with the employer in
the field of occupational safety and health;
(c) representatives of workers in an undertaking are given adequate information on
measures taken by the employer to secure occupational safety and health and may
consult their representative organisations about such information provided they do
not disclose commercial secrets;
(d) workers and their representatives in the undertaking are given appropriate
training in occupational safety and health;
(e) workers or their representatives and, as the case may be, their representative
organisations in an undertaking, in accordance with national law and practice,
are enabled to enquire into, and are consulted by the employer on, all aspects
of occupational safety and health associated with their work; for this purpose
technical advisers may, by mutual agreement, be brought in from outside the
undertaking;
(f) a worker reports forthwith to his immediate supervisor any situation which he
has reasonable justification to believe presents an imminent and serious danger
to his life or health; until the employer has taken remedial action, if necessary,
the employer cannot require workers to return to a work situation where there is
continuing imminent and serious danger to life or health.
Article 20
Co-operation between management and workers and/or their representatives
within the undertaking shall be an essential element of organisational and other
measures taken in pursuance of Articles 16 to 19 of this Convention.
Article 21
Occupational safety and health measures shall not involve any expenditure for the
workers.
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(d) the term regulations covers all provisions given force of law by the competent
authority or authorities;
(e) the term health , in relation to work, indicates not merely the absence of
disease or infirmity; it also includes the physical and mental elements affecting
health which are directly related to safety and hygiene at work.
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(m) prevention of fires and explosions and measures to be taken in case of fire or
explosion;
(n) design, manufacture, supply, use, maintenance and testing of personal
protective equipment and protective clothing;
(o) sanitary installations, washing facilities, facilities for changing and storing
clothes, supply of drinking water, and any other welfare facilities connected with
occupational safety and health;
(p) first-aid treatment;
(q) establishment of emergency plans;
(r) supervision of the health of workers.
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(f) secure good liaison with the International Labour Occupational Safety and
Health Hazard Alert System set up within the framework of the International
Labour Organisation;
(g) provide appropriate measures for handicapped workers.
5. The system of inspection provided for in paragraph 1 of Article 9 of the Convention
should be guided by the provisions of the Labour Inspection Convention, 1947,
and the Labour Inspection (Agriculture) Convention, 1969, without prejudice to
the obligations thereunder of Members which have ratified these instruments.
6. As appropriate, the competent authority or authorities should, in consultation
with the representative organisations of employers and workers concerned, promote
measures in the field of conditions of work consistent with the policy referred to in
Article 4 of the Convention.
7. The main purposes of the arrangements referred to in Article 15 of the Convention
should be to-(a) implement the requirements of Articles 4 and 7 of the Convention;
(b) co-ordinate the exercise of the functions assigned to the competent authority
or authorities in pursuance of Article 11 of the Convention and Paragraph 4 of this
Recommendation;
(c) co-ordinate activities in the field of occupational safety and health and the
working environment which are exercised nationally, regionally or locally, by public
authorities, by employers and their organisations, by workers organisations and
representatives, and by other persons or bodies concerned;
(d) promote exchanges of views, information and experience at the national level,
at the level of an industry or that of a branch of economic activity.
8. There should be close co-operation between public authorities and representative
employers and workers organisations, as well as other bodies concerned in
measures for the formulation and application of the policy referred to in Article 4
of the Convention.
9. The review referred to in Article 7 of the Convention should cover in particular
the situation of the most vulnerable workers, for example, the handicapped.
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safety and health committees workers should have at least equal representation
with employers representatives.
(2) Workers safety delegates, workers safety and health committees, and joint
safety and health committees or, as appropriate, other workers representatives
should-(a) be given adequate information on safety and health matters, enabled to examine
factors affecting safety and health, and encouraged to propose measures on the
subject;
(b) be consulted when major new safety and health measures are envisaged and
before they are carried out, and seek to obtain the support of the workers for such
measures;
(c) be consulted in planning alterations of work processes, work content or
organisation of work, which may have safety or health implications for the workers;
(d) be given protection from dismissal and other measures prejudicial to them
while exercising their functions in the field of occupational safety and health as
workers representatives or as members of safety and health committees;
(e) be able to contribute to the decision-making process at the level of the
undertaking regarding matters of safety and health;
(f) have access to all parts of the workplace and be able to communicate with the
workers on safety and health matters during working hours at the workplace;
(g) be free to contact labour inspectors;
(h) be able to contribute to negotiations in the undertaking on occupational safety
and health matters;
(i) have reasonable time during paid working hours to exercise their safety and
health functions and to receive training related to these functions;
(j) have recourse to specialists to advise on particular safety and health problems.
13. As necessary in regard to the activities of the undertaking and practicable in
regard to size, provision should be made for-(a) the availability of an occupational health service and a safety service, within
the undertaking, jointly with other undertakings, or under arrangements with an
outside body;
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Annex 3
Convention 187 and Recommendation
197 on Promotional Framework for
Occupational Safety and Health
C187 Promotional Framework for Occupational Safety and
Health Convention39
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Recalling that the promotion of occupational safety and health is part of the
International Labour Organizations agenda of decent work for all, and
Recalling the Conclusions concerning ILO standards-related activities in the area
of occupational safety and health - a global strategy, adopted by the International
Labour Conference at its 91st Session (2003), in particular relating to ensuring
that priority be given to occupational safety and health in national agendas, and
Stressing the importance of the continuous promotion of a national preventative
safety and health culture, and
Having decided upon the adoption of certain proposals with regard to occupational
safety and health, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international
Convention;
adopts this fifteenth day of June of the year two thousand and six the following
Convention, which may be cited as the Promotional Framework for Occupational
Safety and Health Convention, 2006.
I. DEFINITIONS
Article 1
For the purpose of this Convention:
(a) the term national policy refers to the national policy on occupational safety and
health and the working environment developed in accordance with the principles
of Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155);
(b) the term national system for occupational safety and health or national system
refers to the infrastructure which provides the main framework for implementing
the national policy and national programmes on occupational safety and health;
(c) the term national programme on occupational safety and health or national
programme refers to any national programme that includes objectives to be
achieved in a predetermined time frame, priorities and means of action formulated
to improve occupational safety and health, and means to assess progress;
(d) the term a national preventative safety and health culture refers to a culture
in which the right to a safe and healthy working environment is respected at all
levels, where government, employers and workers actively participate in securing
a safe and healthy working environment through a system of defined rights,
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responsibilities and duties, and where the principle of prevention is accorded the
highest priority.
II. OBJECTIVE
Article 2
1. Each Member which ratifies this Convention shall promote continuous
improvement of occupational safety and health to prevent occupational injuries,
diseases and deaths, by the development, in consultation with the most
representative organizations of employers and workers, of a national policy, national
system and national programme.
2. Each Member shall take active steps towards achieving progressively a safe and
healthy working environment through a national system and national programmes
on occupational safety and health by taking into account the principles set out
in instruments of the International Labour Organization (ILO) relevant to the
promotional framework for occupational safety and health.
3. Each Member, in consultation with the most representative organizations of
employers and workers, shall periodically consider what measures could be taken
to ratify relevant occupational safety and health Conventions of the ILO.
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V. NATIONAL PROGRAMME
Article 5
1. Each Member shall formulate, implement, monitor, evaluate and periodically
review a national programme on occupational safety and health in consultation
with the most representative organizations of employers and workers.
2. The national programme shall:
(a) promote the development of a national preventative safety and health culture;
(b) contribute to the protection of workers by eliminating or minimizing, so far
as is reasonably practicable, work-related hazards and risks, in accordance with
national law and practice, in order to prevent occupational injuries, diseases and
deaths and promote safety and health in the workplace;
(c) be formulated and reviewed on the basis of analysis of the national situation
regarding occupational safety and health, including analysis of the national system
for occupational safety and health;
(d) include objectives, targets and indicators of progress; and
(e) be supported, where possible, by other complementary national programmes
and plans which will assist in achieving progressively a safe and healthy working
environment.
3. The national programme shall be widely publicized and, to the extent possible,
endorsed and launched by the highest national authorities.
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I. NATIONAL POLICY
1. The national policy formulated under Article 3 of the Convention should take
into account Part II of the Occupational Safety and Health Convention, 1981
(No. 155), as well as the relevant rights, duties and responsibilities of workers,
employers and governments in that Convention.
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3. With a view to preventing occupational injuries, diseases and deaths, the national
system should provide appropriate measures for the protection of all workers, in
particular, workers in high-risk sectors, and vulnerable workers such as those in
the informal economy and migrant and young workers.
4. Members should take measures to protect the safety and health of workers of
both genders, including the protection of their reproductive health.
5. In promoting a national preventative safety and health culture as defined in
Article 1(d) of the Convention, Members should seek:
(a) to raise workplace and public awareness on occupational safety and health
through national campaigns linked with, where appropriate, workplace and
international initiatives;
(b) to promote mechanisms for delivery of occupational safety and health
education and training, in particular for management, supervisors, workers and
their representatives and government officials responsible for safety and health;
(c) to introduce occupational safety and health concepts and, where appropriate,
competencies, in educational and vocational training programmes;
(d) to facilitate the exchange of occupational safety and health statistics and data
among relevant authorities, employers, workers and their representatives;
(e) to provide information and advice to employers and workers and their respective
organizations and to promote or facilitate cooperation among them with a view
to eliminating or minimizing, so far as is reasonably practicable, work-related
hazards and risks;
(f) to promote, at the level of the workplace, the establishment of safety and health
policies and joint safety and health committees and the designation of workers
occupational safety and health representatives, in accordance with national law
and practice; and
(g) to address the constraints of micro-enterprises and small and medium-sized
enterprises and contractors in the implementation of occupational safety and
health policies and regulations, in accordance with national law and practice.
6. Members should promote a management systems approach to occupational
safety and health, such as the approach set out in the Guidelines on occupational
safety and health management systems (ILO-OSH 2001).
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Annex 4
Instruments of the International Labour
Organization relevant to the promotional
framework for occupational safety and
health
I. CONVENTIONS
Labour Inspection Convention, 1947 (No. 81)
Radiation Protection Convention, 1960 (No. 115)
Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
Employment Injury Benefits Convention, 1964 (No. 121)
Labour Inspection (Agriculture) Convention, 1969 (No. 129)
Occupational Cancer Convention, 1974 (No. 139)
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977
(No. 148)
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152)
Occupational Safety and Health Convention, 1981 (No. 155)
Occupational Health Services Convention, 1985 (No. 161)
Asbestos Convention, 1986 (No. 162)
Safety and Health in Construction Convention, 1988 (No. 167)
Chemicals Convention, 1990 (No. 170)
Prevention of Major Industrial Accidents Convention, 1993 (No. 174)
Safety and Health in Mines Convention, 1995 (No. 176)
Protocol of 1995 to the Labour Inspection Convention, 1947 (No. 81)
Safety and Health in Agriculture Convention, 2001 (No. 184)
Protocol of 2002 to the Occupational Safety and Health Convention, 1981
(No. 155)
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II. RECOMMENDATIONS
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Labour
Office
Geneva
Module 1
The ILO's Strategic Approach to
Occupational Safety and Health
ISBN 978-92-2-126177-3
www.ilo.org/employment
9 789221 269588